TN Visa

The TN Visa

If you are a professional from Canada or Mexico, as part of the North American Free Trade Agreement, you may be eligible to enter the U.S. for business purposes pertaining to your profession through the TN NAFTA Professional class.

Here are ten tips, in no logical order, when you are applying or even thinking about applying to work in the U.S. through the TN visa.

   1.     Understand the basic requirements of the TN visa

Understanding the requirements of a TN visa is crucial. You should know beforehand what conditions you need to meet, and whether you will be able to meet them, before applying so that you are not wasting your time on a program that you are not eligible for.

A simple example would be asking yourself if you are a Canadian or Mexican citizen. Since this class is only for Canadians or Mexicans, if you are not a citizen of either of these countries, then you should look elsewhere.

   2.     Make sure that you are applying under the correct class

Applying under the same class coincides with understanding the basic requirements. If you know the basic requirements, then you should realize whether or not this class is offered to you. In addition to this, being Canadian or Mexican will have different requirements and so you should take note of this as well.

   3.     Have a prospective employer

It is important that you have a prospective employer who seeks to hire you. Since this is a requirement, you should first have a potential employer before beginning the process.

   4.     Ensure that the employer's support letter meets the requirements

Once you have a prospective employer, that employer should write you a support letter detailing the position offered, the nature of the business, the job duties you will be performing, and the credentials you have that led to your being hired.

   5.     Establish that your job is a part of the eligible occupation for the TN visa

Since only certain occupations are eligible under this program, you should determine whether or not the occupation you were offered is consistent with the list that can be found online.

   6.     Make sure that you meet the occupation's educational requirements

When you look to see if your occupation is an eligible one, there will also be academic requirements that must be met in accordance with the occupation sought. You must, again, meet these requirements in order to be eligible.

   7.     Have valid documentations to support your case

Some examples of valid documentations include a valid passport, a complete application, and receipt of payment. Make sure everything is prepared to get best results.

   8.     Be honest

Misrepresentation or fraud is will bar you from entry to the U.S. As a general rule, you should not lie in order to get the results you want. You will be surprised by their information system and the consequences for misrepresentation or fraud is severe.

   9.     Be prepared

You may have inadmissibility issues such as a past criminal conviction. Be ready to answer concerns that may be raised.

   10.   Seek help if you do not understand

If you need help, do not hesitate to find some!

At Akrami & Associates, our experienced legal team is always ready to assist you. Do not wait, call us today and let us be with you every step of the way.

Under the NAFTA treaty, Canadian citizens enjoy certain special U.S. immigration privileges pursuant to international treaties between the U.S. Canada and Mexican governments. Among these privileges is a special nonimmigrant visa category for Canadian citizens, the TN ("TN" stands for "Treaty/NAFTA"). The TN nonimmigrant visa classification was created by the 1992 North American Free Trade Agreement ("NAFTA"), and applies to Canadian citizens temporarily entering the United States to engage in business activities at a professional level. Unlike the more common H-1B visa classification, the TN category is only open to Canadian or Mexican citizens who shall work in certain pre-designated professions.

The great advantage of the TN process is the relative speed with which this visa status can be acquired. Most TN visa applications may be made at the port of entry. Typically, Canadian citizens flying to the United States from Canada will apply for their TN visa applications at designated "Pre-Flight Inspection stations" - located within major Canadian international airports - before leaving Canada. Many U.S. employers hiring Canadian citizens find that they can bring their candidates "on board" (and on U.S. payroll) within a matter of days or weeks, rather than the months-long wait that the H-1B or L-1 visa application process usually requires.

Another advantage of the TN category is that, unlike the H-1B visa category, the TN has no annual limits per fiscal year. In theory, an unlimited number of TN visas can be issued each year. Further, unlike the H-1B or L-1 nonimmigrant visa categories, there is no set "cap" on the amount of time a Canadian citizen may remain in the United States in TN status.

Further, the USCIS will typically expect a TN visa applicant to possess a degree related to the field in which s/he will work in TN status. For example, a Canadian citizen with a Biology degree may not necessarily be considered qualified for TN visa entry if performing professional activities as a Geologist. USCIS may consider that same candidate eligible for TN entry as a Biologist, but only if the candidate will, in fact, perform duties as a Biologist at a professional level. Therefore, please keep in mind that possession of a baccalaureate degree in any one of the fields below will not necessarily guarantee a successful TN visa application, unless the candidate will perform business activities related to their area of academic expertise.

There are occasional exceptions to this rule, however, so candidates concerned regarding this issue should contact our firm for and schedule a paid phone or in person consultation for further details.